Question
Hey, 2 things: 1) I don’t qualify for the Spanish Digital Nomad Visa because I stayed in Spain prior in the past 5 years (but otherwise would qualify). If my boyfriend gets the visa, could I piggyback off his as a dependent?
2) I’m looking for a specialist who can help me in this situation. We are both Canadian and would like to live in Spain and invest in a small property.
Answers
These are the answers of Spainguru’s Facebook group members:
“The 5-year rule only refers to eligibility for the special tax regime, which doesn’t apply to Canadian DNV applicants anyway. So no problem!”
“I highly recommend hiring someone who has a lot of DNV experience. There are many people who even switch from another visa in Spain to the DNV, so yes, 100% you can apply if you’ve lived in Spain in the past 5 years. Experience with the DNV is so important if you’re hiring a professional.”
“I have processed lots of applications for Nomads who had been residents in Spain before, no issue!” (DNV Expert answer)
“We are an immigration law firm with a lot of DNV experience and confirm what was stated. You can apply for the DN but would not be able to apply for Beckham’s law flat tax rate.”
“The 5-year rule isn’t an issue for the DNV. It relates to Beckham’s law which is a specific tax regime.”
“It might be that it’s just getting confusing. You are dealing with two different things: 1. The digital nomad visa. No 5-year rule. 2. Beckham’s law tax regime where you can apply to pay a 24% tax flat rate. It’s only for employees (not freelancers) and not worth it for everybody.
And yes, you can’t have lived in Spain in the preceding 5 years to qualify. Few digital nomads qualify as most are contractors/self-employed. The reason for this is that if employed, you would need to get a certificate of coverage from the country where you are employed to cover you for social security.
As things stand, if your employer is Canadian, there is no accepted certificate of coverage (though this may change). Feel free to get in contact.”
“Thank you so much, that’s probably where the confusion is. I’m self-employed.”
“Here you can find recommended immigration lawyers, with a successful track record of Spanish Digital Nomad Visa (DNV) applications and approvals. You can request online consultations here: Spainguru Consultations.
If you prefer the DIY route, you will still need services like apostilles and sworn translations, and potentially (depending on your situation), private health insurance. Here you can find recommended professionals:
- Sworn translators: Spainguru Sworn Translations
- Apostille services: Spainguru Apostille Services
- Health insurance: Spainguru Health Insurance“
Conclusion
According to members of the Facebook group, the 5-year residency rule in Spain does not disqualify DNV applicants for the Spanish Digital Nomad Visa. This rule only affects eligibility for the Beckham’s Law tax regime, which is distinct from the visa application itself.
Several members, including visa consultants and former residents, confirm that prior residency in Spain within the past five years does not impede eligibility for the DNV. It is advised to seek assistance from professionals with extensive experience in DNV applications to navigate the process efficiently.
